Research › Search › Judgment

Bombay High Court · body

2017 DIGILAW 198 (BOM)

Miss Emmeli Elizabeth Mendes v. Communidade of Pilerne Through the President

2017-01-31

F.M.REIS, NUTAN D.SARDESSAI

body2017
JUDGMENT : Heard Mr. Joseph Vaz, learned Counsel appearing for the Petitioner, Ms. Amira Razaq, learned Government Advocate appearing for the Respondent nos. 2, 3 and 5 and Ms. Kamat, learned Counsel appearing for the Respondent no. 1. 2. Rule. Heard forthwith with the consent of the learned Counsel. Learned Counsel appearing for the Respondents, waive service. 3. The main grievance of the Petitioner is that despite of complying with the formalities as provided under the Code of Communidade for allotment of plot bearing no. 4 in the property surveyed under no. 57/1 of the Communidade of Pilerne, the allotment was not confirmed as the final decision was awaited from the Collector in terms of the Code of Communidade. 4. It is pointed out by the learned Counsel appearing for the Petitioner during the course of the hearing of the above Petition, that the concerned file bearing no. 1-17-2006-ACNZ/06 submitted by the Administrator of Communidade to the Collector of North Goa in Panaji, was misplaced which, ultimately, according to him, has now been traced. The Petitioner only seeks a direction to the Collector to proceed to take a decision on the basis of the request made by the Communidade in respect of the subject plot. 5. In such circumstances, we disposed of the said Petition by directing the Collector to process the said file bearing no. 1-17-2006-ACNZ/06 in accordance with law within three months from today. 6. All the contentions of both the parties on merits are left open. 7. Rule stands disposed of in the above terms.